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Sanctions with Imminent Danger to Physical Health


Policy

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Determining Eligibility: September 23, 2010
September 23, 2010

Hardship assistance issued under Sanctions with Imminent Danger to Physical Health (or other hardship categories where appropriate) is available under section 47.1 of the Employment and Assistance Regulation or section 42.1 of the Employment and Assistance for Persons with Disabilities Regulation to a family unit that is ineligible for income assistance or disability assistance due to a sanction being imposed under section 15(5)(a) of the Employment and Assistance (EA) Act or section 14(5)(a) of the Employment and Assistance for Persons with Disabilities (EAPWD) Act.  In order to be eligible for hardship assistance, the family unit must meet all of the following conditions:

  • the family unit includes only persons:

    • convicted of an offence under the Criminal Code, the EA Act or the EAPWD Act for obtaining money under either the EA Act or the EAPWD Act by fraud or false or misleading representation
    • convicted of an offence under the EA Act or the EAPWD Act, or
    • who a court has given judgment against in favour of the government in an action for debt for obtaining assistance or a supplement which the person was not eligible for and the minister has made a declaration under section 15(3) of the EA Act or the EAPWD Act 
  • the family unit will experience undue hardship
  • physical health of a person in the family unit will be in imminent danger if hardship assistance is not available

The determination of the undue hardship and imminent danger to physical health criteria is to be made by a Manager.  The determination is based on documentation provided by the applicant (this may include documentation already on the system) that verifies that their physical health would be in imminent danger if they did not receive hardship assistance.

Eligibility Criteria

This hardship assistance only applies to single persons with no dependants who have the appropriate sanction code or couples with no dependent children where both adults have the appropriate sanction code.  In all other cases other forms of sanctions may apply.  [see Related Links – Verification and Eligibility – Sanctions]

Reviewing continued eligibility 

The ongoing need for hardship assistance must be assessed when appropriate as determined by a Manager.  A person with acute or short-term needs to prevent imminent danger to health will have a different review period than a person with long term or chronic needs.  When the client has access to other resources the client would no longer meet the undue hardship eligibility criteria. 

Once a hardship reason no longer exists, that is, either the physical health of the client is not in imminent danger or there is no undue hardship to the family unit, the sanction is reinstated and assistance ceases.

Hardship assistance issued under Sanctions with Imminent Danger to Physical Health is not repayable. 

[For an overview of eligibility for hardship or the hierarchy of hardship categories, see Related Link - Eligibility for Hardship Assistance.]

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